Page:The Green Bag (1889–1914), Volume 14.pdf/416

 Pigs. fifty should be stolen, the fine was still apparently 2,500 denarii." (Professor Fer guson's Development of Law, 63 Alb. Law J. 419.) A denarius was about fifteen cents. The celebrated Brehon laws, in force in Ireland probably a thousand years before King Cormac's time, and he reigned about the year of Christ 250, and compiled into very much their present shape by St. Patrick about the middle of the fifth century, deal extensively with the subject of pigs; and in the most precise, elaborate and complicated manner and terms lay down the rules as to when the owner of a pig is liable for injuries done by it, what the fine should be if piggie had been frightened by shouting, what if the shouting was malicious, what if playful, what if by an adult in possession of his senses, what if by a youth callow and raw, what if the shout was necessary to drive it out of the corn, what if for that purpose but un necessary, what the penalty if the pig was in his sty or at its dinner, when provoked. For example, thus read some of the pro visions : should a person shout, the pig is exempt as regards injury to the idler who is behind the person who shouted and between the person who shouted and the pig, in case the person who shouted is himself an idler since it is his shouting that incites her against all the other idlers; and there is half fine upon her owner for her injuring the profit able worker whilst the excitement caused by the shout is upon her, and when it is gone off her there is half fine from her owner for injuring the idler and full fine for injuring the profitable worker. She (pig) is exempt as regards injury to the idler who goes to her, to her trench, or her sty, or her trough, whether there be provocation or not; and as to the idler who provoked her and upon whom she charged out. There is half fine from her owner for injury to the idler who

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did not provoke her, whether outside or in side. There is full fine to the profitable worker who did not provoke her. If the pigs who have done any injury be long to a native freeman and it is their first offense, full half sick maintenance is due of them to the injured person, or half compen sation, after death, is the fine. If they are vicious pigs belonging to a native freeman, there is half dire fine and sick maintenance until death to be paid, and half dire fine with compensation, after death; and the excitement of the shouting takes half of the fine off them. And though it should be desired that a part of the sick maintenance or of the compensation should be remitted in favor of the man who shouted, it shall not be so, for there is no compensation to be paid by the looker-on until compensation has been received from the actually guilty person. And when the man who shouted pays a part of the dire fine he does not pay any part of sick maintenance or of compensa tion, and when he pays a part of sick main tenance or compensation he pays no part of the dire fine. The proportion of the fine for shouting which is taken off the man who shouted does not fall on the pig, but is re mitted; the proportion which shouting takes off the pig does not fall upon the man who shouted, but is remitted; and there is no participation considered between them, but the full fine is to be paid by each on his own account. We may add that idle shouting is shouting for sport; malicious shouting is with the intent to injure; shouting for necessary profit is to drive the pigs out of fields of grass or corn, when they can not be driven out in a more lawful way; shouting for un necessary profits is when they could be driv en out in a more lawful way. These venerable laws also deal at length with the liability of pigs when fighting